Delhi High Court - Orders
Nakul Dagar & Anr vs State Gnct Delhi & Anr on 6 April, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 22/2022
NAKUL DAGAR & ANR ..... Petitioner
Through: Mr. Chitragupt Dagar and Mr. Tushar
Mann, Advocates
versus
STATE GNCT DELHI & ANR ..... Respondent
Through: Mr. Avi Singh, ASC for State with
Mr. Karan Dhalla and Ms. Mizba
Dhebar, Advocates and W/SI
Manisha, P.S. Najafgarh.
Mr. Vipul Jain, Advocate for R-2
alongwith R-2.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 06.04.2022 CRL.M.A. 211/2022 Exemption allowed subject to just exceptions.
The application stands disposed of.
W.P.(CRL) 22/2022
1. The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") has been filed by the petitioners praying for quashing of FIR bearing No. 35/2019 registered at Police Station Najafgarh for offences punishable under Sections 323/341/34 of the Indian Penal Code, 1860 Signature Not Verified Digitally Signed W.P.(CRL) 22/2022 Page 1 of 3 By:DAMINI YADAV Signing Date:07.04.2022 17:01:21 (hereinafter "IPC").
2. Both the petitioners are present before this Court and have been identified by their counsel Mr. Chitragupta and Investigating Officer W/SI Manisha from Police Station Najafgarh. Respondent No.2 is also present in the Court and has been identified by his counsel and the Investigating Officer.
3. As per the FIR, the brief facts of the case are that on 20th January 2019, respondent No.2 had lodged a Complaint alleging that about 5:45 P.M., when he was going on his motor cycle from his home to his shop and reached near the Roshan Mandi, a speeding vehicle bearing no. DL-1OCJ- 4916 Honda WRY, which was being driven in a rash and negligent manner, hit his motor cycle. It is alleged in the FIR that when respondent no.2 asked petitioner No. 1 to drive carefully, he started abusing respondent no. 2 in filthy language and even caught hold of his collar. Thereafter the fight between the two was resolved at the intervention of the public standing on the road. It is further alleged that on the same day when respondent no. 2 after finishing his work at his shop was returning to his home, he was stopped by the petitioners outside the Sinha Hospital and was beaten up by both of them and when the Respondent No.2 started to make noise, the petitioners ran away alongwith their vehicle.
4. It is submitted on behalf of the petitioner that with the intervention of respectable members of society, the matter was amicably settled between the parties vide Memorandum of Understanding dated 6th December 2021 which is annexed as Annexure P-2. The terms and conditions of the settlement have been mentioned in paragraphs 1 to 6 of the same.
5. Mr, Avi Singh, learned ASC for the State submitted that there is no Signature Not Verified Digitally Signed W.P.(CRL) 22/2022 Page 2 of 3 By:DAMINI YADAV Signing Date:07.04.2022 17:01:21 opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.
6. The FIR in question pertains to compoundable offences and the matter stands amicably been settled between both petitioners and respondent no.2 vide aforesaid MOU. Investigation in the matter is still going on and chargesheet has not yet been filed. Keeping in view the fact that offences are compoundable in nature and parties have compromised and amicably settled the entire disputes without any pressure, no fruitful purpose would be served by keeping the matter pending.
7. The present writ petition is allowed. Accordingly, FIR bearing No. 35/2019 registered at Police Station Najafgarh for offences punishable under Sections 323/341/34 of the IPC and all consequential proceedings emanating therefrom are hereby quashed. The petition stands disposed of.
CHANDRA DHARI SINGH, J APRIL 6, 2022 Aj/ct Signature Not Verified Digitally Signed W.P.(CRL) 22/2022 Page 3 of 3 By:DAMINI YADAV Signing Date:07.04.2022 17:01:21